Misdemeanor Expungement In California
California Penal Code section 1203.4 states that every defendant convicted of a misdemeanor and not granted probation shall, at any time after the lapse of one year from the date of pronouncement of judgment, if he or she has fully complied with and performed the sentence of the court, be permitted by the court to withdraw his or her plea of guilty or nolo contendere and enter a plea of not guilty.
It further states that every defendant convicted of a misdemeanor and placed on probation shall, at any time after the completion of the probation and sentence imposed by the Court, be permitted by the court to withdraw his or her plea of guilty of nolo contendere and enter a plea of not guilty.
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WHAT CAN EXPUNGEMENT OF A MISDEMEANOR DO FOR ME?
Expungement of a Misdemeanor in California allows you to fill out employment applications and tell employers that you have no convictions on your criminal background.
Of equal importance, Expungement of a Misdemeanor conviction in California opens the door to seek California State Certifications, State Licensure Student Loans, and Housing Assistance. It also helps you overcome background checks associated with apartment and house rental applications.
There is nothing worse than losing an employment opportunity for that dream job because of a minor blemish on your record when the employer conducts a criminal background check.
There is nothing worse than being unable to fulfill your goals of entering a professional field (Medical, Real Estate, Contracting, Government or State Agencies) after years of education because you can't enter an internship, externship or pass a state licensing exam because of a decade old blemish on your record revealed by a background check.
Why even take the chance! You have worked too hard and come too far to let your past mistakes deny you the opportunity to provide a better life for you and your family. Here is an affordable way to overcome those obstacles and move forward with your career without fail or worry. You can take those steps to obtain closure of your past mistakes today by taking a few moments to determine your eligibility, provide some information, and make your payment. The relief you will receive is priceless.
HOW DO I DETERMINE IF I AM ELIGIBLE FOR EXPUNGEMENT RELIEF?
You may be eligible to petition the court for a dismissal of your case if you have successfully completed your probation and satisfied all the terms and conditions of probation stated in your case (paid all restitution and fines, completed all court ordered classes, completed all community service, work release, or county jail sentence).
ARE THERE ANY VIOLATIONS THAT ARE NOT ELIGIBLE FOR CALIFORNIA EXPUNGEMENT RELIEF?
Pursuant to California Penal Code section 1203.4, defendants are ineligible to seek California Expungement relief for convictions of violating any of the following sections:
- PC 286(c)
- PC 288a(c)
- PC 288
- Pc 288.5
- PC 289(j)
- PC 261.5d (Sex Offenses)
- Any Infraction Violation
- Any matter not adjudicated (no plea entered)
- Charges dismissed upon completion of PC 1000 diversion
- The case was previously dismissed.
ARE THERE ANY COURT FILING OR ADMINISTRATIVE FEES?
You may be required to reimburse the Court an Administrative fee for the costs incurred in processing each petition. (These fees range between $0 and $120 dollars depending on which California Court). See Filing Fee Directory for exact fees.
Indigent defendants may apply for a fee waiver by filing an Application for Waiver of Court Fees and Costs combined with an Order on Application for Waiver of Court Fees and Costs. CHC prepares and processes Fee Waiver Applications for $20 dollars.
WHAT DO I NEED TO DO TO GET STARTED?
Just fill out the application form and submit your application. You can make your payment right now with any major credit card or Paypal or one of our staff will follow up with you to help answer your questions and help you complete the process. If you have Court documents in your possession, you can fax or email them to our office which allows us to expedite your document preparation and submission even faster.
